Registry for the Provision of Satellite Facilities
TMT (Telecoms, Media, Technology) department report | Registry for the Provision of Satellite Facilities
Resolution No. 12/2024 of the Secretariat of Innovation, Science, and Technology (the “Resolution”) was published May 15th in the Official Gazette, approving the Satellite Facilities Provision Registry (the “Registry”). The Resolution comes into effect on May 16, 2024.
The Resolution was issued pursuant to the amendments introduced by the Necessity and Urgency Decree No. 70/2023 titled “Bases for the Reconstruction of the Argentine Economy” on December 20, 2023 (“DNU 70/2023” by its Spanish acronym)[1]. Among other modifications, it replaced Section 34 of the Information and Communications Technologies Law No. 27,078 (“ICT Law”) with the following:
“Section 34.- Registry. The provision of facilities for satellite communication systems shall be free. Holders of such systems shall be required to register them for operation purposes only, in order to coordinate the use of radio frequencies and prevent interference with other systems, in accordance with the regulations issued by the Regulatory Authority. The provision of any ICT service via satellite shall be subject to the general ICT service provision regime established in this law.”
The Resolution establishes the Registry solely for the purpose of coordinating the use of radio frequencies and avoiding interference with other systems, since -as stated in DNU 70/2023- the provision of satellite facilities is governed by the principle of free market access, and operators do not require prior administrative approval to operate in Argentina.
The complete text of the Resolution and its Annexes (only available in Spanish) can be accessed here.
Among the most relevant aspects of the Resolution are the following:
– It establishes the Satellite Facilities Provision Registry within the scope of the National Communications Entity (“Enacom”), approves the registration procedure under Annex I, and the models of sworn declarations for legal entities and natural persons.
– It stipulates that ongoing authorization requests shall be considered within the approved Registry framework, with the new procedure applied without the need to resubmit documentation.
– It repeals Resolution No. 3699/1999 (which approved the Management and Satellite Services Regulation concerning the provision of satellite facilities by geostationary satellites in fixed service and satellite broadcasting) to the extent that it contradicts or opposes the Resolution, remaining in force for all other matters.
– It establishes that Enacom must prepare the modification and a consolidated text of Resolution No. 3699/1999 as well as Resolution No. 2325/1997 (which approved Part II of the General Regulation of Management and Satellite Services regarding the Provision of Global Satellite Communication Services through Non-Geostationary Satellite Constellations) within 60 calendar days, in accordance with the regime established by Section 330 of DNU 70/2023.
– Regarding the procedure before the Registry, Annex I establishes:
– The registration for providing satellite facilities shall remain valid unless the holder requests deregistration or cancellation.
– Enacom shall publish on its institutional website the list of registered satellites for the provision of satellite facilities in Argentina.
– A request by a satellite facilities provider for orbital relocation or replacement of a registered satellite shall imply a new registration. If the registered satellite undergoes any modification of its orbital position or technical parameters at the registered orbital position, it is the obligation of the satellite facilities provider to notify Enacom within 15 business days of its occurrence.
– Authorization shall be required for ground stations located in Argentina that are part of the satellite system.
– All submissions shall be made exclusively through the “Remote Procedures” platform, accompanied by the following documentation:
(i) Sworn declaration of registration request (in accordance with the sworn declaration models approved by the Resolution),
(ii) Proof of registration with the corresponding registry. In the case of foreign companies, they must demonstrate compliance with the provisions of Article 118 of the Companies Law.
(iii) Accreditation of legal status. If deemed necessary, Enacom may request documentation related to the Corporate Bylaws of the applicant and corporate information of its controlling entities.
(iv) Technical information for frequency use coordination and interference prevention: (a) list of completed or ongoing coordination procedures with notified systems, (ii) satellite system and orbital parameters, geographic coverage, (iii) frequency plan and polarizations, (iv) information on special sections. All technical information must be signed by a technical professional registered with the Professional Council of Telecommunications Engineering, Electronics, and Computing (“COPITEC” by its Spanish acronym) or another competent Professional Council.
– If 30 calendar days elapse without any observations or once any observations made have been rectified (for which a period of 15 calendar days is granted), the registration process shall be considered concluded to commence the provision of satellite facilities in Argentine territory, and a certificate of registration for the provision of satellite facilities shall be issued.
– Authorizations for the provision of satellite facilities granted previously shall be considered registered in the Registry.
Emilio Beccar Varela
Florencia Rosati
Mariana Lamarca Vidal
Martín Beccar Varela
[1] Decree No. 70/2023 has not been implemented to date. It was rejected by the Senate, and it will remain in force unless the House of Representatives expressly rejects it.